Violation Detail
Standard Cited: 19260501 B13 Duty to have fall protection.
Inspection Nr: 1087354.015
Citation: 01001
Citation Type: Willful
Abatement Status: Not Completed - AD Discretion
Initial Penalty: $70,000.00
Current Penalty: $24,000.00
Issuance Date: 12/17/2015
Nr Instances: 1
Nr Exposed: 12
Abatement Date: 12/30/2015
Gravity: 10
Report ID: 0521400
Contest Date: 12/21/2015
Final Order: 10/29/2016
Related Event Code (REC):
Emphasis:
Type | Latest Event | Event Date | Penalty | Abatement Due Date | Citation Type | Failure to Abate Inspection |
---|---|---|---|---|---|---|
Penalty | F: Formal Settlement | 10/29/2016 | $24,000.00 | 12/30/2015 | Willful | |
Penalty | C: Contested | 12/22/2015 | $70,000.00 | 12/30/2015 | Willful | |
Penalty | Z: Issued | 12/17/2015 | $70,000.00 | 12/30/2015 | Willful |
Text For Citation: 01 Item/Group: 001 Hazard:
29 CFR 1926.501(b)(13): Each employee engaged in residential construction activities 6 feet (1.8 m) or more above lower levels was not protected by guardrail systems, safety net systems, personal fall arrest systems, or an alternative fall protection measure under another provision of paragraph 1926.501 (b), nor did the employer demonstrate that it is infeasible or creates a greater hazard to use these systems and develop and implement a fall protection plan which meets the requirements of paragraph (k) of section 1926.502: Employees are exposed to fall hazards while engaged in residential construction activities 6 feet or more above lower levels. The employer does not protect each employee by means of a guardrail system, safety net system, personal fall arrest system, or an alternative fall protection measure. This following instances most recently occurred on August 25, 2015, at the above addressed jobsite: a) Employees engaged in residential construction activities are not protected from falling through an unguarded window, thereby exposing employees to a 13 foot fall hazard from the second floor to grade. b) Employees engaged in residential construction activities are not protected from falling through floor holes, thereby exposing employees to a 10 foot fall hazard from the first floor to the basement and from the second floor to the first floor. c) An employee engaged in residential construction activities was not protected from falling from a roof during sheeting operations, thereby exposing employees to an 11.5 foot fall hazard from the roof. To abate this hazard in the future, the employer must ensure that its employees performing residential construction activities are protected from falls, and that no employee is exposed to a six foot fall or greater without adequate fall protection. Abatement documentation is required of this item in accordance with the requirements of 29 CFR 1903.19(d).